Short prison sentences go on trial as sheriffs state their case

Published on Monday 11 May 2009 22:11

SHERIFFS are today due to tell MSPs that short prison sentences, controversially branded "a skoosh" by justice secretary Kenny MacAskill, have a valuable role in Scotland's criminal justice system.

Members of the Sheriffs' Association will defend the use of short sentences, telling a committee of MSPs they are needed to give victims a rest from crime and as a last resort when other punishments have failed to prevent further offending.

Sheriffs Michael Fletcher and Nigel Morrison are set to give evidence to the justice committee, which is considering changes to sentencing policy contained in the Criminal Justice and Licensing Bill.

Mr MacAskill wants to get more low-level criminals out of prison and on to community "payback" orders, which he claims would be more effective at tackling the causes of offending.

A key aspect of this shift in penal policy is a proposal in the bill to have a statutory "presumption" against courts sending anyone to prison for six months or less.

Mr MacAskill sparked an angry backlash at the weekend after he described jail as a "bit of a skoosh" for short-term prisoners. He insisted his plans for community sentences would be tougher than jail sentences for many short-term prisoners who, he claimed, lie in their cells watching television, playing video games and plotting new crimes with friends.

"You don't break the cycle of offending. It's a bit of a skoosh, frankly," he said.

But in a written submission to the committee, the Sheriffs' Association states short prison sentences are a necessary option for the courts. "It is said by some that short prison sentences are ineffective and they point out the prisons can do little with such short-term prisoners. This is to misunderstand the point of such sentences.

"A custodial sentence is the only punishment that an offender cannot avoid undertaking. Community disposals may be avoided and, without the option of custody for breach, would be rendered voluntary."

The association adds: "We are frequently told by defence agents and the authors of social inquiry reports that a short period in custody has been a salutary lesson for the offender.

"Short periods in custody are clearly of use. As a means of dealing with breaches of court orders, as a sharp reminder to some offenders of the consequences of breaking the law for repeated offending when all else has been tried, or to give the public some measure of relief from their activities, short prison sentences have a purpose."

Meanwhile, High Court judges have launched a vociferous fresh attack on plans to create a new body to draw up sentencing guidelines, branding the move "fundamentally unacceptable" and claiming they will breach European human rights laws.

The SNP wants to establish a Scottish Sentencing Council to ensure greater transparency and consistency in the sentencing process. The council would publish guidelines with the appropriate range of sentences for a specific offence, which judges would be required to follow.

Unveiling the plans last year, Mr MacAskill said the council would promote fairness and clarity in sentencing. "Greater clarity and openness will help to improve public confidence in our criminal justice system so that victims' interests are properly taken into account," he said.

In their own submission, the High Court judges state that the proposals "strike directly at the independence of the judiciary" and therefore threaten the right to a fair trial.